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LIBRARY OF CONGRESS 




Conservation Rctourccs 
Lig-Frec* Type 1 
Ph 8.5, Buffered 



NORTH CAROLINA GEOLOGICAL SURVEY 
Economic Papers, No. 2 



SOME 



RECENT ROAD LEGISLATION 



IN 



NORTH CAROLINA. 



J. A. HOLMES 




'^<' 



^¥^ 



i>^-- 






The result of one hundred years of road build- 
ing under the old system of compulsory labor. 
Isn't it about time to try a different system ? 



Public Printer, Rai^eigh. 
1899 



\ 



^ 



% 



<^v>^ 




The old fashion earth road may be the cheapest road to build but it is the most 

expensive road to use. In using them we lose more than it 

would cost to build good roads. 




The people of Mecelenburg invested during i898 over |;4o,ooo in these good roads, 
and they say this is the best paying investment the county ever made. 



MAR 26 1910 






Tx\BLE OF CONTENTS. 



PAGE. 

Letter of Transmfttai, 4 

Preface 5 

Recent Road Legislation in North Carowna 7 

Laws of a general nature 7 

Special or local road laws 7 

The General Road Law of 1899 S 

Its principal features 8 

Counties to which it applies 10 

Text of the General Road Law. 11 

Form of Petition for the Adoption of the Law 21 

The Wide-tire Law 22 

Advantages of wide tires 22 

Text of the Wide-tire Law in North Carolina 24 



LETTER OF TRANSMITTAL. 



To his Excellency^ Hon. D. L. Russell, 

Governor of North Carolina. 

Sir : — In response to a somewhat general demmd for the same 
I have the honor to submit for publication, as the second of a series 
of economic papers^ a brief account of some recent legislation in 
North Carolina providing for the maintenance and improvement 
of the public roads and highways in certain counties in the State. 

Yours obediently, 

J. A. Holmes, 
State Geologist. 



BOARD OF MANAGERS. 



Governor D. L. Russell, ex officio Chainnan Raleigh. 

Charles McNamee Biltmore. 

J. Turner Mokehead_ Leaksville. 

J. A. Holmes, State Geologist. .__. . Chapel Hill. 



PREFACE. 

Many a legislator has returned to his home with the feeling that 
having passed a new road law for his county the securing of good 
roads is only a matter of a short time. But during the next few 
years he has seen his law either repealed or amended, for better or 
worse, by succeeding legislatures ; and meanwhile little or nothing 
has been accomplished in the way of improvements of a perma- 
nent character. But the very rapidity with which local road legis- 
lation has changed in North Carolina during the past decade of 
itself indicates in a measure the deep interest felt by our people in 
this subject. 

There are many people who seem to think that a good road law 
will make good roads ; but we all realize after a short experience 
that this will be true only when such a law is supported and exe- 
cuted by an intelligent and progressive public opinion and action. 
In a community guided by such a sentiment there is needed only 
a law which, in the simplest possible way, gives the proper 
authorities the power to do what is right and necessary in this 
connection. 

The general road law of 1899 published in this paper is not the 
product of any one person. It was prepared by and under the 
direction of the public roads committee of the last General Assem- 
bly. It is based on the experience of the best road builders in the 
state and a careful digest of existing road laws in this and other 
states. Not one of its authors supposes it to be perfect or that the 
law of itself will build good roads ; or that it will please every- 
body ; for there are many people who do not like any law which 
levies a tax and says ''thou shalt" do even what they know must 
be done. But it is believed that a careful examination and test of 
this law will show it to be greatly helpful in any county or town- 
ship where the people have determined to permanently improve 
their public roads whether they be located among the mountains 
or nearer the sea shore. In Bulletin 18 of the Geological Survey 
series of reports will be found a fuller discussion of road legisla- 
tion in North Carolina during the past century, and also a descript- 
ion of the modern methods of road building. 



SOME RECENT ROAD LEGISLATION IN 
NORTH CAROLINA. 

LAWS OF A GENERAL NATURE. 

Among the laws in relation to road building in North Carolina 
enacted by the last Legislature there are a few of a somewhat gen- 
eral nature which owing to the new features which they embody 
or to their general application deserve to be mentioned in this con- 
nection. Of these the general road law, which is published in 
full below (p. ii), applies directly to only a limited number of 
counties ; but any of its sections except that levying a tax may be 
adopted by any county otherwise providing funds for road improve- 
ment. The wide-tire law, the object of which is to encourage the 
use of wide tires on wagons and other draft vehicles, applying to 
eleven counties and one township, is also published in full below 
(p. 24). Two general acts relative to public prisoners were passed : 
one authorizing the Commissioners in the several counties to pro- 
vide for working all short term prisoners on the public roads or on 
county farm ; the other, " An act to compel vagrants to work on 
public roads or highways of the State." Another act provides 
that persons having gates on public roads shall provide hitch-posts 
on either side of the gate. 

SPECIAL OR LOCAL ROAD LAWS. 

A considerable number of local laws were enacted bearing on 
the subject of road and street improvements in different counties 
and towns. Five counties and one township were authorized to vote 
during the present year on the issue of bonds for road purposes : 
Alamance, Cabarrus and Mecklenburg, for $r 00,000 each; New 
Hanover, for $50,000, and Anson for $25,000 ; Monroe township 
(Union county), $30,000 ; and several other counties were author- 
ized to issue bonds for the building of bridges. Beside these, some 
half dozen towns were authorized to vote bonds for street improve- 
ment. 

New special road laws were enacted for Anson, Washington, 
New Hanover, Cumberland, Davidson and Polk ; special laws rela- 



8 RECENT ROAD LEGISLATION 

tive to the use of convicts were passed for Franklin, Chatham, 
Robeson and perhaps a few other counties ; the existing laws with 
reference to the working of convicts on the roads in Anson county 
and the working of public roads in Graham, Transylvania, Jack- 
son, Guilford, Haywood, Mecklenburg and Wake weie amended ; 
while special laws for Northampton, Green, Wilson, Wayne, Nash, 
Halifax, Jones, Ashe, Alleghany and Watauga were repealed. In 
addition to the above a number of special laws were enacted with 
reference to the construction of bridges, ferries and turnpikes in 
various counties. 

THE GENERAL ROAD LAW OF 1899. 

The Mecklenburg road law, which was the beginning of modern 
road legislation in North Carolina, was drawn by Capt. S. B. Alex- 
ander of Charlotte as a general road law, but was adopted by the 
General Assembly of 1879 for only 3 counties, Mecklenburg, 
Forsyth and Stokes. It was repealed by the following Legislature 
(1881) for each of these counties. It was re-enacted by the Gen- 
eral Assembly of 1885, in a somewhat modified form, for Mecklen- 
burg county alone. Since that time it has entered largely into 
the road legislation for various counties. Indeed this has exer- 
cised a lasting influence for good on the road legislation of the 
state. The general road law of 1899 is intended to serve either as 
a supplement to this Mecklenburg law or as a substitute for it. It 
is more especially a county system of road management, while the 
Mecklenburg law is more especially a township system. It may 
be made to serve as a substitute for both this Mecklenburg town- 
ship system and for the general convict law, under the latter of 
which in Mecklenburg county that splendid s) stem of Macadam 
roads has been constructed during the past few years. 

PRINCIPAL FEATURES OF THE LAW. 

The principal features of this Jaw of 1899 may be stated as follows: 
Section i provides for a tax levy for road purposes by the County 
Commissioners of not less than 5 nor more than 25 cents on the 
$100 worth of property, nor less than 15 nor more than 75 cents 
on the poll, the funds arisirg from this tax to be used as far as 
possible for permanent improvements. 



IN NORTH CAROUNA. 9 

Sections 2 and 3 provide for the appointment of either a super- 
intendent of roads, or township road supervisors, or both, to take 
charge of the road work under the County Commissioners. 

Sections 4, 5, 6, and 7 provide for the repairs or patching of 
public roads by able bodied male citizens between the ages of 21 
and 45 years, four days labor or the payment of $2 for each man. 

Section 18 empowers the Board of Commissioners to gradually 
reduce the number of days of labor required for road duty, one 
day for each year, until the old labor system is abolished entirely, 
the road tax being increased proportionally ; while Section 19 em- 
powers the Commissioners to reduce the payment in lieu of this 
labor from $2 to $1 per annum when a sufficiently high tax is 
levied. 

Sections 8 and 9 provide that any county shall work on its 
poblic roads all its prisoners whose sentence does not exceed 10 
years ; and that it may also use similar prisoners from other counties 
in the same or adjoining judicial districts; also that counties with but 
few convicts may arrange for an exchange with neighboring coun- 
ties. 

Sections 10 and 12 provide for the proper grade, width and relo- 
cation of important public roads or highways. In changing the 
location of roads to avoid hills, etc., the location of the road is first 
changed ; and if after the new road is completed damages are 
claimed the benefits and damages are both considered by an im- 
partial jury and settlement made on this basis. Section 10 recog- 
nizes and separates these principal public roads or highways which 
are to receive this special treatment from the less important roads 
which may receive less careful attention ; the selections to be 
made by the county commissioners. 

Section 11 provides for obtaining timber, stone, gravel, etc., 
from unimproved lands adjacent to the roads. 

Sections 15 and 16 make the county treasurer also treasurer of 
road funds and provides for the disbursement of these funds. 

Section 20 provides that counties levying bonds for road pur- 
poses need not levy a road tax in addition. 

Section 21 provides that any township may by a majority vote 
or petition have levied a township road tax in addition to the 
county road tax. 



lO RECENT ROAD LEGISI^ATION 

Section 22 makes this act apply to the following counties : 
Mecklenburg and Forsyth (except sections 4, 5, 6 and 7) ; Ala- 
mance, Durham, Rockingham, Gaston, New Hanover, Pender, 
Warren, and Chapel Hill township of Orange county. 

Section 23 provides that this act may be adopted as the road 
law for 39 additional counties or any township therein by the 
Board of Commissioners, when petitioned so to do by 300 free- 
holders in the county or 50 freeholders in any township. 

Sections 24, 25 and 26 relate to Durham, Pender and Orange 
(Chapel Hill township) counties respectively. 

Section 27 provides that in any county not coming under the 
provisions of this act but otherwise providing funds for improving 
its roads, the Commissioners may nevertheless adopt as a pait of 
the road law of their county any sections of this act except Sec- 
tion I, levying a tax. In this way this new road law may be in 
part adopted by every county which is earnestly trying to improve 
its public roads. 

Section 28 repeals all laws or parts of laws in conflict with this 
act and Section 29 makes this act in force March 7, 1899. 

A careful examination of this law will show that it is in a meas- 
ure both flexible and rigid, and hence that it can be easily adapted 
to the varying conditions which exist in different portions of the 
State. 

COUNTIES TO WHICH THE ABOVE LAW APPLIES. 

As will be seen from an examination of section 22, the general 
road law of 1899 is made to apply directly to nine counties and 
one township. Section 23 states the conditions under which this 
law may be adopted for thirty-nine additional counties. 

Section 27 gives a list of counties to which the law does not 
apply but also provides that any or all portions of the law (except 
section i levying a tax) may by a vote of the county commis- 
sioners be incorporated as a part of the road law of any county in 
the state otherwise providing funds for road improvement. In 
this way it is possible for the best features of this law to be 
adopted by every county in the state which is making a serious 
effort to improve its public roads. 



IN NORTH CAROLINA. II 



AN ACT TO PROVIDE FOR THE BETTER WORKING OF THE 
PUBLIC ROADS AND HIGHWAYS OF THE STATE. 



The General Assembly of North Carolina do enact: 

Section i. That the board of county commissioners in each of the 
several counties coming under the provisions of this act, shall, in order 
to provide for the proper construction, improvement and maintenance 
of the public roads of the county, at their regular meeting in June, 
1899, and at each regular annual meeting thereafter, and it is hereby provision for a 
made their duty to levy a special tax on all property subject to taxation road fund, 
under the State law in said county of not less than 5 cents, nor greattr 
than 25 cents on the $100 worth of property, and not less than 15 cents 
nor greater than 75 cents on the poll ; the constitutional equation to be 
observed at all times ; said taxes to be collected as all other taxes are, to 
be kept separate in the tax books of the county, to be set aside as a 
special road fund to be used in the construction, improvement and main- 
tenance of the public roads of the county, the purchase of such material, 
implements, teams, wagons, camp outfit, quarters or stockades, for the 
use of and safe keeping of the convict force as may be found necessary in 
the proper carrying out of this work, and for the employment of such 
additional labor as may be deemed necessary : Provided^ however, that Money to be spent 
the moneys raised under this section shall, as far as possible, be used for f°^ permanent 

■' ' i- ' nnprovenients. 

permanent improvements. 

Sec. 2. That there shall hereafter be elected by the board of county 
commissioners at theii regular meeting in June, 1899, and at their regu- 
lar meeting in January of each and every year thereafter, a superintend- 
ent of roads, who shall be paid such compensation as may be fixed by the 
board of county commissioners, and to be paid out of the county road 
fund, and who, after January, 1899, shall hold office for one year, or until Constant and 
his successor has been elected and qualified, as provided for in this act : sight of roads. 
Pi ovided, that the said superintendent of roads may be at any time re- 
moved b}'^ the board of county commissioners after having been given ten 
days' notice and a hearing, when in the opinion of the board there exists 
good and sufficient cause for such action ; and for malfeasance or miscon- 
duct in office he may be removed by them without further notice than 
may be necessary in order to give him a hearing. It shall be the duty of 
said superintendent of roads, subject to the approval of the board of 
count}' commissioners, to supervise, direct and have charge of the main- 
tenance and building of all public roads in the county, and he shall sub- 
mit to the board of county commissioners a monthly report concerning 
the work in progress and, the moneys expended; and he shall submit quart- 
erly a report on the condition of the public roads and bridges, and plans 
for their improvements, and he shall include in this quarterly report an 
inventory of the tools, implements, teams and other equipments on hand. 
Said road superintendent, before entering upon the duties of his office, 
shall deposit with the board of county commissioners a good and lawful r> j r ^^^ - ^ 
bond, to be approved by the said board of commissioners, for the sum of superintendent. 
$2,000 as a guarantee of the faithful and honest discharge of the duties of 



12 



RECENT ROAD LEGISLATION 



Appointment of 
township super- 
visors. 



Temporary town- 
ship svipefvisors. 



Four days labor 



his office, which bond shall be duly registered in the office of the register 
of deeds and filed with the clerk of the superior court of the county. In 
case of the death or resignation or removal of said road superintendent, 
it shall be the duty of the county commissioners to elect at their first 
meeting thereafter a road superintendent, who shall hold office at the 
discretion of siid board of county commissioners, or until the regular 
January meeting of said board, and until his successor has been elected 
and qualified : Provided, that when in the opinion of the board of com- 
missioners in any county coming under the provisions of this act, not 
regularly employing a convict force on its public roads, the appointment 
of a road superintendent is inconsistent with the best interests of such 
county, the said board shall not be required to comply with the require- 
ments of section 2 of this act, but may, ia lieu thereof, appoint directly one 
supervisor of roads in each township, and each such supervisor, in the 
township for which he is appointed, shall perform the duties and assume 
the responsibilities in this act otherwise required of the county road 
superintendent ; he shall be subject to dismission under the same terms 
as laid down for the road superintendent ; and he shall give a good and 
lawful bond, satisfactory to the board of commissioners, for not less than 
twice the amount of the road tax in his township for any one year, under 
the same conditions as laid down for said road superintendent, and he 
shall be paid such remuneration as may be agreed upon by the board of 
county commissioners. 

Sec. 3. That the board of county commissioners, or the road superin- 
tendent, subject to the approval of said board, shall appoint, with power 
at any time to remove or discontinue, such guards as may be needed to 
take charge of the convict force, and also one or more persons in each 
township of the county, to be known as township supervisor of roads, 
who, acting under ihe road superintendent, shall supervise the road work 
in the township for which they are appointed, or such parts thereof as 
said superintendent may direct. The said guards and township supervi- 
sors shall be paid for such time as they may be required to give to this 
work, such compensation, per day, during such time as they are actually 
employed in working on the public roads as may be agreed upon by 
said [road] superintendent, and approved by the board of county com- 
missioners, the guards to be paid out of the general county road fund, 
and the township supervisors to be paid out of the respective township 
road funds. 

Sec. 4. That all able-bodied male perjions of the county, between the 
ages of twenty-one and forty-five years, except [residents] of incorporat- 



for repairing roads ed cities and towns, shall work on the public roads of said county for 
four days (of nine hours each) in each and every year at such time and 
place, and in such manner as may be designated by the road superintend- 
ent or township supervisor : Provided, that the said superintendent or 
the supervisor in each township shall give to each person of his township, 
who IS subject to road duly, at least three days' notice by personal warn- 
ing, or by leaving a written notice at ihe home or residence of such per- 
son, specifying in such notice the time and place when and where such 
work is to be performed, and also designating in such notice the tool or 
implement with which such person shall be required to work : Provided 



IN 'NORTH CAROLINA. 1 3 

further, that in case of washout or other unexpected obstruction to travel 
the three days' notice shall not be neccessary, and any person liable to 
road duty in the township in which such obstruction to travel may occur, 
shall, upon being properly summoned by said superintendent or supervi- 
sor of roads, respond to such summons with reasonable promptness : 
Provided, further, that any person may, in lieu of working four days on 
the public road, pay on or before the first day of July, 1899, and on or 
before the ist day of April of eaCh year thereafter, to the county treasurer 
or road superintendent, the sum of two dollars, and it shall be the duty 
of said treasurer or road superintendent, upon receipt of said money, or 
any part thereof, to issue to such person a receipt for the same, stating 
in such receipt the amount and the year for which the same is paid. All 
moneys pi id to the said road superintendent, as provided for in this act, 
shall, within fifteen days after being received by him, be turned over to 
the county treasurer and credited to the road fund of the township from 
which the same was paid, and the same shall be expended in the improve- 
ment of the roads in that township from which it was paid. If the road 
superintendent fail to turn over to the county treasurer money so collect- 
ed, within fifteen days, he shall be guilty of a misdemeanor : Provided 
that no person liable to road duty under this section shall be required to paidTn°Heu thereof 

work on the public roads outside of the township and road district in ^° ^^ "■'^^^ j'! •''^P^" 

/ . .... rate townships, 

which he resides, the boundaries of the road districts within each town- 
ship to be fixed by the county commissioners. 

t)EC. 5. That any person who shall, after being duly notified as provid- 
ed in section 4 of this act, fail to appear and work as required to do, 
(after having failed to pay the sum of two dollars) or any person who 
-shall appear as notified, and fail or refuse to perform good and reasonable 
labor as required by the said superintendent or supervisor, shall be guilty 
of a misdemeanor, and upon conviction shall be fined not less than two 
nor more than five dollars, or sentenced to work on the public roads of 
the county for not less than ten nor more than twenty days. 

Sec. 6. That proper implements and tools for use in working the public Tools and imple- 
roads of the county, as provided in section four of this act, may be sup- 
plied by the county road superintendent, and shall be paid for out of the 
road fund of the townships in which the said implements or tools are to 
be used : P>'Ovided, that until the county road superintendent shall be 
able to supply the necessary implements and tools, he may, and is hereby 
empowered to compel any and all persons working on the public roads 
of the county to provide themselves with such implements as are com- 
monly used, while working on said roaii, as the superintendent or super- 
visor may designate in his notice or summons as being necessary. 

Sec. 7. That on the first day of June, 1899, and on the first day of April 
of each succeeding year, or oftener if required to do so by said superin- 
tendent of roads, the township supervisor of roads in each township of 
the county shall furnish through the county road superintendent to the 
treasurer of the county a complete list of the names of all persons liable 
for road duty in the township in which he resides. Said treasurer of the Preparation of a 
county, after receiving thfe above list of persons liable for road duty, shall bfe for road duty, 
check off the names of such persons as have paid the sum of two dollars 
as provided in section 4 of this act, and shall, within fifteen days, and as 



14 RECENT ROAD LEGISLATION 

often thereafter as may be necessai}', furnish to the county road superin- 
tendent a correct revised list of all persons liable for road duty in each 
said township for the year. A list of such persons liable to road duty in 
each township, who have during the year failed to work on the public 
road, after having been duly notified, or to pay as provided for in section 
4 of this act, shall immediately be submitted by the county road superin- 
tendent or township supervisor to a justice of the peace in the township 
in which such persons reside, and it shall be the duty of said justice of 
Penalty for failure the peace to immediately issue his warrant for such persons and proceed 
against them according tt) law : Provided^ hotvever^ that the defaulting 
party may be prosecuted at any time and by any citizen of the county. 

Sec- 8. That all prisoners confined in the county jail, under a final 
sentence of the court for crime, or imprisonment for non-payment of 
costs or fines, or under final judgment in cases of bastardy, or under the 
vagrant acts, all insolvents who shall be imprisoned by any court in 
To work convicts said county for non payment of costs, and all persons sentenced in said 
roads. county to the state prison for a term of less than ten years, shall be work- 

ed on the public roads of the county : Provided^ that [in case the num- 
ber of such prisoners in any county, at any time, be less than five] the 
commissioners of the county may arrange with the commissioners of 
any neighboring county or counties for such an exchange of prisoners, 
during alternate months or years, as will enable each such cooperating 
county to i hereby increase the number of prisoners at work on its public 
roads at any given time. And upon application of the said road super- 
intendent of the county, or that of the chairman of the board of county 
commissioners, the judge of the superior court, or the judge of the criminal 
court, the justices of the peace and the principal officer of any municipal 
or any other inferior court, it shall be the duty of the said judge or jus- 
tice of the peace, or said principal officer, to assign such persons con- 
victed in his court to said road superintendent, for work on the public 
roads of said county ; all such convicts to be fed, clothed, and otherwise 
cared for. at the expense of the county : Provided^ further., that in case 
of serious physical disability, certified to by the county physician, per- 
sons convicted in said superior, criminal or inferior courts in the county 
may be sentenced to the penitentiary or to the county jail. 

Sec. 9. That when the commissioners of any county shall have made 
provisions for the expense of supporting and guarding, while at work 

Obtaining convicts on the public roads, a larger number of prisoners than can be supplied 
from other coun- . , , ■•'•.• r . < • • r . ■• 

ties. from that county, upon the application of the commissioners of said 

county to the judges of the superior and criminal courts presiding in ad- 
joining counties, or any other county or counties in the same or adjoin- 
ing judicial districts, which do not otherwise provide for the working of 
their own convicts on their own public roads, may sentence such able- 
bodied male prisoners as are described in section 8 of this act from such 
adjoining counties or other counties in the same and adjoining judicial 
districts to work on the public roads of said county or counties applying 
for the same, in the order of their application ; and the cost of transport- 
ing, guarding and maintaining such prisoners as may be sent to any such 
county applying for the same, shall be paid by the county applying for 
and receiving them out of the road fund of each such county : Provided^ 



IN NORTH CAROLINA. 1 5 

that any and all such prisoners from such other counties may at any time 
be returned to the keeper of the common jail of such counties, at the ex- 
pense of the county having received and used them. 

Sec. id. That the principal public roads or highways to be improved 
or constructed in accordance with the provisions of section i of this act, Rtgulatingthe 

prior to the inauguration of any such permanent improvements on the ^^^^^ ^".^ width 

,,., , . ^ ^ ^ of more important 

road or highway to be so improved or constructed, may be first carefully loads or highways. 

surveyed and located by an engineer or surveyor, trained and experienced 
in such work, aided by the county road superintendent and such assist- 
ants as it may be necessary for him to employ, the same to be paid out 
of the road fund of the county, for services and expenses as may be 
agreed upon by the county commissioners. All such public roads or , 
highways where changed or hereafter located or relocated, shall be given 
a grade nowhere greater than three feet in one hundred feet, in couniies 
situated in eastern North Carolina ; five feet in one hundred feet, for 
counties situated in middle or Piedmont North Carolina ; and six feet in 
one hundred feet in counties situated in the mountain region of the vState, 
and a width of not less than twenty feet, clear of ditches, trees, logs, and 
other obstructions. All such roads shall be thoroughly drained, and 
wherever it may be necessary to turn water across the road this shall be 
done by putting in sewer pipe or other forms of covered drains or cul- 
verts : Provided, that where, in the opinion of an experienced and com- 
petent engineer, insurmountable obstructions make the grades just de- 
scribed impracticable, the grades may be increased to the extent of one 
foot in one hundred in either of the regions named in this section, for 
distances of less than fifty feet in one place : Provided, further, that 
where the roadway must be located on the steep slope of a mountain, its 
width shall not be less than sixteen feet between ditches, or where 
blasted out in hard rock the width of such roadway shall be not less than 
thirteen feet. 

Sec. II. That for the purpose of carrying out the provisions of this act, 
the said superintendent and supervisors are hereby authorized to enter 
upon any uncultivated lands, near to or adjoining such roads, to cut and 
carry away timber, except trees or groves on improved lands planted or So:fe""ravel^et^c' 

left for ornament or shade, to dig, or cause to be dug and carried away ^^on\ adjacent 

, , , , • 1 1 . unimproved lands. 

any gravel, sand, clay or stone which may be necessary to construct, im- 
prove or repair said road, and to enter on any lands adjoining or lying 
near the road in order to make such drains or ditches through the same 
as he may deem necessary for the betterment of the road, doing as little 
injury to said lauds and the timber or improvemenis thereon as the na- 
ture of the case and the public good will permit, and the drains and the 
ditches so made shall be conducted to the nearest ditch, watercourse or 
waste ground, and shall be kept open by the said superintendent or su- 
pervisors, and shall not be obstructed by the owner or occupant of such 
lands or any other person or persons, under the penalty of forfeiting a 
sum of not less than five dollars nor exceeding ten dollars, or imprison- 
ment or work on the public roads of the county for not less than ten nor 
exceeding twenty days for each and every offence, said penalty to be col- 
lected by the said superintendent or supervisors, if in money and paid 
over to the county treasurer and applied to the road fund of the county. 



i6 



RECENT ROAD LEGISLATION 



If the owner of any lands, or the agent or agents of such owner, hav- 
ing in charge lands from which timber, stone, gravel, sand or clay were 
taken as aforesaid, shall present an account of the same, through the 
county road superintendent, at any regular meeting of the county com- 
missioners within thirty days after the taking and carrying away of such 
timber, stone, gravel, sand or clay, it shall be the duty of said commis- 
sioners to pay for the same a fair price ; and before deciding upon this 
they may cause to be appointed an impartial jury of three freeholders, 
one to be selected by the county road superintendent, one by the party 
claiming damages, and the third to be selected by these two, which jury 
shall report in writing to the board of commissioners their decision for 
revision or confirmation : Provided, that said land owner or his agent 
shall have the right of appeal as provided for in section 13 of this act. 

Sec. 12. That, subject to the approval of the board of county commis- 
sioners, the county superintendent of roads is hereby given discretionary 
Changing location power, with the aid of a competent engineer, or surveyor to locate, re- 
avoid hills etc. locate or change any part of any public road where, in his judgment, 
such location, relocation or change will prove advantageous to public 
travel. That when any person or persons on whose lands the new road 
or part of the road is to be located claims damages, therefor, and within 
thirty days petitiois the board of county commissioners for a jury to 
assess the damages, the said commissioners, within not less than fifteen 
nor more than sixty days after the completion of said road, shall order 
said jury of thr^e disinterested freeholders to be summoned by the 
sheriff or constable, as provided by law. who shall give said land owners 
or their local representative forty-eight hours notice of the time and 
place, when and where said jury will meet to assess damages; and said 
jury, being duly sworn, in considering the question of damages, shall 
also take into consideration the benefits to public travel and to the 
owner of the land, and if said benefits be considered equal to or greater 
than the damages sustained the jury shall so declare; and it shall report 
in writing its finding to the board of county commissioners for confir- 
mation or revision: Provided, that if said land owner be a non-resident 
of the county and have no local representative, it shall be deemed suffi- 
cient service of such notice for said sheriff or constable to forward by 
United States mail a written notice of the purpose, time and place of 
such meeting of said jury, to the last known post-office address of such 
land owner, seven days in advance of such meeting; au'l also to post a 
notice of the same for seven days at the court-house door of "^aid ounty. 
Sec. 13. That in case the land owner or his local representative shall 
be dissatisfied with the finding of the juries provided for in sections 11 
and 12 of this act, and with the decision of the county commissioners, 
stich dissatisfied p^rty may appeal from the decision of the county com- 
missioners to the superior court of the county; all such appeals being 
governed by the law regulating appeals from the courts of justices of the 
peace; and the sime shall be heard de novo; but the judge may, in his 
discretion, require said land owner to give bond when the case is taken 
by appeal to the superior court. 

Sec. 14. That any officer or employee [appointed] by virtue of this act, 
or to whom duties are assigned in this act, who shall fail to make corn- 



Right of appeal. 



IN NORTH CAROLINA. 1/ 

plete returns within the time prescribed therein, or who shall otherwise 

fail to discharge the duties imposed upon him by this act shall in all 

cases, whether penalties for such failure are or are not prescribed in this 

act, be guilty of a misdemeanor. 

Sec. 15. That the county treasurer shall be, and he is hereby appointed, (^^^univ treasurer 

treasurer of the road fund of the county and of the several townships in also treasurer of 

• IT, . r • -, t the several town- 

the same, and for the faithful keeping and disbursing of said money, the ship road funds. 

boud of such treasurer shall be liable, and for his services in receiving 

and disbursing such funds he shall receive such a commission as the 

board of county commissioners may agree upon, not to exceed two per 

cent, on all moneys disbursed hereunder. He shall pay the accounts payments of 

against the road funr" of the county and of the several townships when a^^counts for road 

itemized statements of the same have been certified to by the county 

road superintendent and approved by the board of county commissioners. 

Sec. 16. The county treasurer shall keep a separate account of the 
road fund of the county and of each of the several townships therein, 
and of his disbursements of the same, and he shall make a written report 
thereof to the board of county commissioners, at their regular meetings 
on the first Monday in each month ; and on the first Monday in July and 
January of each and every year, he shall present to the said board of 
commissioners a written report, giving a statement of the disbursements 
from the srveral road furds during the preceding six months, which 
reports, or the substance thereof shall be published by said commission- 
ers in at least one newspaper published at the county-seat, for at least one 
insertion. 

Sec. 17. All road funds or securities in the hands of any ojBficer of any 
county coming under the provisions of this act, or of any township i„ventorv and. 
thereof, on the first Monday of June, 1899, shall be promptly turned settlement, 
over to the treasurer of the county, and by him credited to the road funds 
of the county or of the township to which it belongs; and all trams, 
machinery, implements, or ether equipments belonging to said county or 
any one of the several townships in the same, held by or under the con- 
trol of any officers or persons in said county or its townships shall be by 
said officers or persons turned over to the county commissioners of such 
county on the first Monday in June, 1899, ^^^ ^y them be held and used 
on the public roads of the county or of the township owning the same: 
Provided^ that the board of commissioners in any county may order 
such road funds, securities, teams, implements or other road equipment, 
accounted for and turned over as required above, at any date prior to its 
regular meeting in June; and officers or persons refusing or neglecting 
so to do, after having been served with ten days' written notice, shall be 
guilty of a misdemeanor. 

Sec. 18. The board of commissioners in any county coming" under the 
provisions of this act, in which the tax for road purposes in the county 
or any township thereof at th*^ time is not less than 10 cents on the |ioo Gradual reduction 
worth of property, may, at its discretion, at its regular meeting in Janu- for"road labor. ^^^ 
cry, 1900, or at any regular January meeting thereafter, reduce the num- 
ber of days of labor required for road purposes in any such county or 
township thereof in section 4 of this act, such reduction not to exceed one 
day during any year, reducing also in each case the money to be paid in 



i8 



RECENT ROAD LEGISI.ATION 



Reduction of 
money in lieu of 
four days' labor 
to one dollar. 



Additional town- 
ship road tax. 



Applies to certain 
counties. 



May be adopted 
for other counties. 



lieu of such labor at the rate of 50 cents for each day: Provided, that 
for each such reduction in the labor requirement the said board of com- 
missioners shall, at its regular meeting in June next following each such 
reduction, increase the tax levy for road purposes provided for in sec- 
tion I of this act by the amount of 2j^ cents on each |ioo worth of prop- 
erty and 7 cents on the poll. 

Sec. 19. The board of commissioners in any county coming under the 
provisions of this act in which the moneys expended for road improve- 
ment in the county or any township thereof exceeds an amount equiva- 
lent to the tax levy of 12 cents on the $100 worth of property and 36 on 
the poll, may, at the discretion of said board, reduce the money require- 
ment in lieu of the four days' labor on the roads provided for in section 
4 of this act in such county or township thereof to one dollar for each 
year. 

Sec. 20. In any county coming under the provisions of this act which 
appropriates annually for road purposes moneys derived from the sale of 
bonds, or from other taxes, not less in amount than the income from a 
tax levy of 10 cents on the |ioo worth of property in such county, the 
commissioners in said county shall not, while continuing such appropria- 
tion, be required to levy the special road tax provided for in section i of 
this act. 

Sec. 21. When in any township in any county coming under the pro- 
visions of this Act, a petition is presented to the board of county commis- 
sioners, signed by a majority of the land owners of said township, asking 
that in that township an additional special tax be levied for road purpo- 
ses, or when in any such township, an election being held in accordance 
with the laws of this state, and the majority of the votes cast at said elec- 
tion being in favor of such special tax, the county commissioners in such 
county shall, at their next regular June meeting, levy in such township 
such additional special road tax as they have been requested to levy by 
said petition or vote, said tax to be levied and collected as provided for 
other road taxes in section one of this act ; and such taxes shall be added 
to the township road fund of the township in which it is paid and shall 
be used only on the roads in that township, under the direction of the 
board of county commissioners, or under the direction of the three town- 
ship road commissioners named in said petition or vote, if such be named. 

Sec. 22. This act shall apply to the counties of Mecklenburg (except- 
ing sections 4, 5, 6 and 7), Forsyth (excepting sections 4, 5, 6 and 7), 
Alamance, Rockingham, Gaston, Orange (for Chapel Hill township only), 
Durham, New Hanover, Pender, Warren : Provided, that as applied to 
the counties of Durham, Mecklenburg, Forsyth, Alamance, Rockingham 
and Orange (for chapel Hill township), Warren, the word "may" where 
it first occurs in section 10 of th's act be stricken out and the word "shall" 
inserted in lieu thereof. 

Sec. 23. In the counties teamed below in this section, this act may be- 
come the road law in each such county, or any township thereof, when 
adopted as such by the board of county commissioners at any regular 
meeting, after being requested to do so by petition signed by three hun- 
dred (300) freeholders of the county or filty (50) freeholders of the town- 
ship ; and when so adopted for any such county or township, it shall be 



IN NORTH CAROLINA. I9 

the road law for such county or township, and all other laws in con- 
flict with this act, as applied to such county or township shall be then 
and thereby repealed or suspended during such time as this law may re- 
main in force : Alexander, Granville, Nash, Beaufort, Greene, Northamp- 
ton, Bertie, Brunswick, Bladen, Caldwell, Catawba, Chatham, Cleveland, 
Currituck, Edgecombe, Franklin, Halifax, H} de, Johnston, Jones, Lenoir, 
Lincoln, McDowell, Moore, Orange (excepting Chapel Hill township), 
Pamlico, Pasquotank, Perquimans, Rowan, Richmond, Polk, c^tanly, 
Swain, Vance, Washington, Yadkin, Wilson, Jackson, Tyrrell. 

Sec. 24. In this act as applied to Durham county, the services of the Durham county, 
road superintendent as provided for in section 2, and of the guards as 
provided for in section 3 of this act, shall be paid for out of the general 
county fund ; and the moneys raised under section i of this act in each 
township shall be expended in the townships paying the same : Pro- 
vidfd, that the road tax paid in the county by the building and loan as- 
sociations, railroad, express, telegraph and telephone companies, and like 
corporations, shall be used for permanent road improvement iu the county 
in such manner as the board of county commissioners may in its judg- 
ment deem best, and Provided further that in section 4 of this act 
lines 2 and 3 the clause "except residents of incorporated towns and 
cities' ' shall read ' ' except those who reside within the corporate limits 
of the town of Durham." 

Sec. 25. That in this act as applied to Pender county, C. P. More, A. 
B. Croom and F, P. Flinn of said county shall be and the same are hereby ^^"der county, 
constituted a board of road commissioners for Pender county ; vacancies 
in said board to be filled by the board of county commissioners ; mem- 
bers of said road commission to be paid a sum not exceeding $1.50 each 
per day, while actually engaged iu the necessary work of the commission, 
for not more than three days during any one month ; and the said road * 

commission is hereby vested with all the duties, rights and powers (ex- 
cept that of levying taxes) otherwise in this act conferred upon the 
county commissioners ; and the county commissioners shall levy such tax 
under section i of this act as may be recommended by the said road com- 
mission, when petitioned to do so by ten responsible freeholders from 
each of at least six townships in the county. 

Sec. 26. That in this act as applied to Chapel Hill township in Orange chapel Hill town- 
county, G. E. Donnell, W. F. Cole and J. A. Holmes of said township, ship- 
shall be and the same are hereby constituted a special road commission 
for said township, which road commission, in carrying out the provisions 
of this act as applied to said township, is hereby vested with all the du- 
ties, rights and powers (except that of levying taxes) otherwise in this 
act conferred upon the county commissioners. The county commission- 
ers under section i of this act shall levy such and only such road tax 
for Chapel Hill township, within the limits prescribed in section i of this 
act, as may be recommended by said board of road commissioners, and 
all moneys arising therefrom shall be kept separate by the county treas- 
urer and shall be expended in Chapel Hill township ; vacancies on said 
board of road commissioners shall be filled by the board of county com- 
missioners ; and its members shall be paid out of the township road fund, 
not exceeding $1.00 per day each, while actually engaged in the neces- 



20 RECENT ROAD LEGISLATION 

sary work of the commission, for not more than three days during any- 
one month. Such moneys as may be paid in lieu of the labor in said 
township may be collected by the supervisor of roads elected by said road 
commission and deposited by him for road purposes in such manner, and 
with such person, and expended as may be designed by the said road 
commission of the township. 

Sec. 27. This act shall not apply to the following counties: Anson, 
may^beldo'jSedTy ^^he, Alleghany, Burke, Cabarrus, Camden, Chowan, Cherokee, Craven, 
other counties. Carteret, Clay, Columbus, Cumberland, Dare, Davie, Duplin, Caswell, 
Graham, Gates, Guilford, Henderson, Harnett, Iredell, Macon, Mont- 
gomery, Martin, Madison, Mitchell, Onslow, Pitt, Person, Randolph- 
Robeson, Rutherford, Sampson, Surry, Transylvania, Wayne, Wilkes, 
Wake, Union, Watauga, Yancey, Scotland, Hertford, Davidson, Stokes, 
Haywood, Buncombe: 

Provided, that in any county or township not coming under the 
provisions of this act, but otherwise providing funds for road im- 
provement, the commissioners of such county may at any regular meet- 
ing, at their discretion, adopt any of the sections (except section one 
levying a tax) of this act that in their judgment may be specially adapted 
to the needs of their county and incorporate the same in the road law of 

^ . . r the said county. 

Does not interfere ■' 

with existing Sec. 28. That all laws and parts of laws in conflict with this act are 

owns ip s\.s em. jj^j-^j^y. repealed: Provided, that nothing in this act shall be understood 
or construed as in any way interfering with any existing system of town- 
ship road work in any township already levying a township tax for road 
purposes, in any county coming under the provisions of this act. 

Sec 29. That this act shall be in force from and after its ratification. 
In the General Assembly read three times and ratified this, the 7th. 
day of March, A. D. 1899. 



IN NORTH CAROLINA. 



21 



FORM OF PETITION REQUESTING THE ADOPTION OF THE GENERAL 

ROAD LAW. 

The following may serve as a suggestion in the way of the gen- 
eral form of petition to be presented to the county commissioners 
asking them to adopt this road law as provided for under section 
23 of the same : 

We the undersigned freeholders of* county* 

respectfully petition the honorable Board of Commissioners of 
this county at their next regular meeting to adopt the general road 
law entitled, " An act to provide for the better working of the 
public roads and highways of the State," enacted by the General 
Assembly of 1899, as the road law for this county, f 

*Or township of the county of , in case it is desired to adopt the w for some special 

township and not for the county as a whole. 
t Or township, as the case may be. 



22 RECENT ROAD LEGISLATION 

THE WIDE-TIRE L4W. 

ADVANTAGES OF WIDE TIRES. 

The benefits resulting from the u^e of wide tires on wagons and 
other vehicles aire two fold : 

1. By the rolling and packing effect of these wide tires the road 
surface is made smooth and even, instead of being cut into deep 
ruts, as is the case in the use of narrow tires. Thus a wagon with 
tires six inches wide will pack twelve inches of road surface every 
time it passes along ; a wagon with tires i ^ inches wide would 
pack only three inches of road surface ; and if we adopt a practice 
similar to that followed in Europe of having the front and restr 
axels of different lengths, the wagon with six-inch tires would 
roll and pack twenty-four inches of road surface. Thus the wide 
tire not only prevents a road surface from being cut to pieces but 
it also smooths the surface so as to make it much better for travel- 
ling. Even in the case of macadam roads where the surface is 
more or less hard and firm the narrow tire tends to crush the rock 
and wear the suriace into ruts ; whereas the wide tire tends to pack 
and make smooth this surface. 

2. As a rule where the wide tires are used heavier loads can be 
pulled or the same loads pulled more easily, even taking the road 
surfaces as they exist, than with narrow tired wagons ; and when 
it is remembered that the wide tire makes a road surface more 
smooth and even it will be more readily understood that still 
larger loads can be pulled in any wagon on roads which have thus 
been packed by wide tires than in the same wagon on another 
road which has been cut up through the use of narrow tires 

The use of these wide tires on all draft vehicles and even on 
spring vehicles in European countries is almost universal. It has 
there been a long recoofuized fact that the use of such tires is not 
only better for the team but also better for the roads. This prac- 
tice of using wide tires is now being introduced in many portions 
of our own country, and on roads of all descriptions — sandy roads, 
clay roads and macadam roads. The practice is proving beneficial. 

The following statement gives some of the more striking results 
obtained from an elaborate series of experiments comparing the 
loads that can be hauled on wide and narrow tired wagons, by the 
Missouri Agricultural Experiment Station : 



^TH CAROLINA. 23 

xadam roads an average of 26 per cent, in favor of wide tires. 

,^ . gravel roads 26 to 45 per cent, in favor of wide tires. 

On ordinary dirt roads 22 to 71 per cent, in favor of wide tires. 

On ordinary meadow lands 22 to 84 per cent, in favor of wide tires. 

On pasture lands 26 to 89 per cent, in favor of wide tires. 

On stubble lands 34 to 72 per cent, in favor of wide tires. 

On plowed ground 33 to 44 per cent, in favor of wide tires. 

On clay road with deep mud and deep ruts 10 to 49 per cent, in favor of narrow 
tires. But wi*h ttie general introduction of wide tires this condition of things 
(deep mudgjj^ ideep ruts) would not exist. 

r :'/ 

The results of these tests, and indeed the whole question of the 
use of wide tires, is discussed more fully in Bulletin 18 on Road 
Building in North Carolina, published by the North Carolina Geo- 
logical Survey, copies of which can be had by application at the 
Survey office. 



THE TEXT OF THE WIDE-TIRE LAW 

is given on the following page. 



/ 



24 RECENT ROAD LEC 



'pr^m 



\m Vo 1910 



AN ACT TO PROVIDE FOR THE IMPROVEMENT AND PRO- 
TECTION OF THE PUBUC ROADS OF THE STATE, THROUGH 
THE USE OF WIDE TIRES ON WAGONS AND OTHER DRAFT 
VEHICLES. / 



Whereas, The use of wide-tired vehicles on the public >( !s of the 
Slate, as shown by experience, will both benefit and protect V^esP roads 
bv packing and smoothing the surface of >he same; ^ 

The General Assembly of North Carolina do enact : 

Section i. That every person, firm or corporation in the State who, 
durii g the year ending December thirty-first, 1899, and each succeeding 
year thereafter, owns and uses on the public roads of the State any 
wagon or other draft vehicles with tires as wide as the standard wide-tire 
wheels described in section 2 of this act, shall on the presentation of 
proof thereof, satisfactory to the Commissioners of any county in which 
said wide-tire vehicles are used, be paid by the county treasurer of such 
county, out of the road fund of the county or township in which the 
same is used, each and every year, for a period of five years, a sum equal 
to one-half his or her road tax: Provided, that in no case shall the 
amount so paid for any year be greater than two dollars on one such 
vehicle, nor in any case shall the total amount paid to any one person, 
firm or corporation exceed the sum of five dollars during any one year; 
and Provided, further, that in case any such person pays no road tax, he 
shall during each and every year, for a period of five years, be exempt 
from one-half of the labor which under the law he may otherwise be 
required to expend on the public roads of the county or township in 
which he resides. 

Sec. 2. For the purposes of this .\ct, the standard for wide-tire wagons 
and other draft vehicles shall be as follows: For a one-horse vehicle 
(with skeins 2>^ by 8 inches or under, or spindles i|^ by 7 inches or 
under) two and one-half (2^) inch tires; for t-wo-horse vehicles (with 
skeins larger than 2)^ by 8 inches, not over 3 by 9 inches, or with spin- 
dles more than i)^ by 7 inches, and not over i^ by 10 inches) four inch 
tires; and for all vehicles with skeins and spindles larger than the above, 
six-inch tires. 

Sec. 3. This act shall only apply to the following counties : Alamance, 
Edgecombe, Lincoln, Mecklenburg, Moore, Orange (for Chapej Hill 
Township only), New Hanover, Rowan, Wilson, Durham and Granville. 

Sec. 4. This act shall be in force from and after its ratification. 

Ratified this, the 7th day of March, 1899. 

It is advisable to use 6-inch tires even on two-horse wagons. 



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